Appeals court upholds out-of-town candidacy

Saturday, May 02, 2009

BY JIM LOCKWOOD

Star-Ledger Staff

A state appellate court has upheld the reinstatement of a
Democratic candidate for Morristown council, who had been
knocked off the June 2 primary election ballot because he
does not live in Morristown.

In a decision issued yesterday, Appellate Division Judge
Ronald Graves upheld a Wednesday ruling by Superior Court
Judge Theodore Bozonelis. The lower court judge had
determined that Kevin Gsell, 28, should remain on the
Morristown council ballot even though his home is just over
the border in Morris Township because Morristown had
previously accepted his voter registration as being in
Morristown.

Gsell sued after Municipal Clerk Matthew Stechauner
disqualified him from running in the primary for an at-large
council seat. Stechauner had analyzed tax maps of both towns
and property deeds, and determined Gsell lives at 6 Egbert
Ave. in Morris Township, and the address of 1 Conklin Ave.
does not exist in Morristown.

But Gsell claimed he reasonably believed his residency
and "domicile" of 1 Conklin Ave., where he has
lived since June 2007, is in Morristown as his landlord had
informed him. A voter registration card issued to Gsell on
Nov. 4, 2008, by the Morris County superintendent of
elections lists 1 Conklin Ave. as being in Morristown's
Ward 3, District 2.

Gsell also voted in the April 21 school election in that
precinct in Morristown, and his lease, driver's license
and mailing address all indicate he lives in Morristown.

State law defines a candidate's residency as being
in the "voting district" of the office being
sought, and the town inadvertently sanctioned 1 Conklin Ave.
as a Morristown residence, Bozonelis ruled.

As a result, Bozonelis said, he reinstated Gsell because Morristown previously accepted his address of 1 Conklin Ave. as valid; he was issued a voter-registration card as living in Ward 3, District 2 in Morristown and was allowed to vote there in April; and Gsell said he would move to a new location within the municipal boundary by the June 2 election....